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How to File for No Fault Divorce in Arkansas - State Requirements and Documents

Divorce and Legal Separation How to File for No Fault Divorce - State Requirements and Documents

Arkansas is not a no-fault divorce state: this means the parties must have grounds (a valid reason according to the state) to request the divorce. Grounds for divorce currently accepted by the state of Arkansas are:

Adultery

Defendant committed a felony

Habitual Drunkenness

Living separate and apart continuously for a period of eighteen (18) months without reconciliation

An uncontested divorce refers to the level of agreement between the spouses regarding the grounds for divorce. While fault divorces can be uncontested (one spouse admits fault for the destruction of the marriage and settlement ensues), it's more common for no fault divorces to be uncontested, since neither party blames the other and the desire for divorce is mutual. When filing an uncontested divorce the parties will typically work together to complete a Divorce Settlement Agreement, which outlines every issue in their marriage and how they wish to resolve the issue. The Divorce Settlement Agreement typically outlines issues of property division, debt division, child support, child custody, visitation, and alimony among others.

After filing your Divorce Settlement Agreement the court may require a hearing or choose to grant the divorce without a formal hearing. It is important to understand the court can reject any or all provisions set forth in the Divorce Settlement Agreement if the judge does not feel the terms provide for an equitable distribution of the marital assets and debts.

Initial Filing Process

Either spouse can commence a divorce by filing the appropriate documents with the county court. The Plaintiff (spouse starting the divorce) must file a Complaint for Divorce along with a Summons. After filing the appropriate starting documents the Plaintiff must serve his/her spouse now referred to as the Defendant. The service is typically completed by a process server, sheriff or by publication (if you cannot locate your spouse). Once served, the Defendant will need to file a response called an Answer in order to prevent the Plaintiff from proceeding with a default judgment.

If the parties have reached an agreement and they do not desire to proceed with a lengthy trial they can use Rocket Lawyer's easy interview process to complete a Divorce Settlement Agreement. In addition, you can use RocketLawyer's Find a Lawyer search engine to assist you in finding a local attorney who can provide you with further assistance in completing your divorce.

A Note About Forms

Unfortunately there are no forms available online through the Arkansas court system. You should contact the county court in whichever county you wish to file for divorce, or the county where your divorce was filed, to inquire if any forms are available there.

This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.

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